The first case of the "pseudo-base station" in Shanghai, which attracted much attention, was sent to the Jing'an District Court yesterday morning. The court guilty of the crime of destroying public telecommunication facilities, sentenced the principal criminal Hao Lin (a pseudonym) to 3 years imprisonment; sentenced the accomplice Huang Xiang (a pseudonym) to 1 year and 6 months imprisonment. This is the first case in which the national court system did not use fraudulent crimes to punish but was sentenced to the crime of destroying public telecommunication facilities.

Caused 140,000 people to lose communication in two days

Hao Lin from Inner Mongolia and his relative in Qinghai Huang Xiangwei sell high-end imported leather shoes and bags and carry two sets of “pseudo-base station” equipment purchased in Shanghai. From September 9th to 11th last year, he leased a hotel in Shanghai Hongqiao. Venues organize Hong Kong, Denmark, Italy leather shoe bags sale. To increase sales, Hao Lin and Huang Xiang leased vehicles, loaded "pseudo-base station" equipment, occupied the frequencies of China Mobile Shanghai company's GSM public digital cellular mobile communications network, transmitted radio signals, and cut off the normal communication links of mobile phones within a certain range. Sale will advertise. On September 11, Huang Xiang was investigated and punished by the staff of Shanghai Radio Administration Bureau and confiscated a set of “pseudo-base station” related equipment.

At the beginning of October of the same year, Hao Lin once again rented another hotel in Hongqiao and a large hotel on Huaihai Middle Road to hold shoes and bags for sale. He continued to hire Huang Xiang to use the above method to advertise for the sale. According to calculations by China Mobile Shanghai, on October 10 and 11, 2013, Hao Lin and Huang Xiang used “pseudo-base station” equipment, causing the communication of the surrounding users to be interrupted by about 140,000 people. At noon on October 11, 2013, Huang Xiang was captured by public security officials at the corner of Changle Road and Ruijin Road, Huangpu District, the city. When the mobile phone used by the public has been covered by the “pseudo-base station”, the process will be carried out in a cyclical manner, and normal mobile phone users residing at the “pseudo-base station” cannot normally answer and make calls. From the data, it can be seen that in the three days that the "pseudo base station" exists, the "pseudo base station" sends about 200,000 spam messages every day. Only on the morning of October 11, 2013, a “pseudo-base station” spam message system was discovered near Ruijin Road, Middle Huaihai Road. Through the data analysis of the core network switch, the “pseudo-base station” was located at Huaihai Zhong Road, Ruijin Road, Changle Road, and Maoming. In the road area, an abnormal position was updated more than 46,000 times. From the working principle of the “pseudo base station”, it can be judged that the device sent 46,000 spam messages from 9:00 am to 11:00 am on October 11, 2013, causing nearby users to Off-grid 46,000 person-times, according to each spam message sent off the network for 20 seconds, accumulatively affecting the user communication time of 15,000 minutes.

No need to know the phone number to send spam messages

After the case was filed, Hao Lin confessed that in early September 2013, he came to Shanghai to rent a hotel and hotel to hold a special sale meeting, and also brought two sets of equipment for sending short messages to Shanghai. Subsequently, Hao Lin found his cousin Huang Xiang and his wife Ma, so Huang Xiang help drive, Ma as a salesperson. After Huang Xue used the church to launch the launch, Hao Lin asked Huang to send advertising messages to other people's mobile phones near the hotel that opened the sale, attracting customers to come to the hotel for sale.

Hao Lin also confessed that he bought two sets of “pseudo-base station” equipment from others in Shenzhen with RMB 96,000. Each device consists of a laptop, a transmitter, an antenna, a Nokia cell phone, a battery and a power converter. One of the Nokia phones used to measure the frequency points: to a region, use this phone to measure the base station of mobile phones, you can know the frequency of mobile phone base stations in the region, find the frequency and enter the laptop, and then hit the message content on the computer That's it. The content he sent was pre-programmed and sent to Huang's mobile phone, including the hotel name, address, contact phone number, and the time of opening the sale. Huang Xiang sent the content to the computer and sent it to Huang Xiang for 100 yuan a day. Huang Xiang also confessed that they do not need to know each other's mobile phone number when sending messages, and they are sent to the surrounding mobile phones at random by setting the frequency on the computer. They know that using transmitters will occupy the frequencies of mobile companies and will affect the normal communications of other mobile phone users, but it is not clear to what extent it will affect the extent.

Hao Lin and Huang Xiang expressed no objection to the crimes committed and the prosecution’s allegations. However, the defenders of the two of them believed that Huang Xiang’s subjective opinion was to publicly publicize the sale and did not have the intention of damaging public telecommunication facilities. Objectively, it affects a part of mobile phone users in a very short time and in a very small range. It does not cause any damage to public telecommunication facilities. This behavior is in full compliance with the constitutive requirements of the crime of disrupting the order of management of radio communications.

The court held that Hao Lin and Huang Xiang undermined public telecommunication facilities and endangered public safety. This behavior has constituted the crime of destroying public telecommunication facilities. The fact that the 140,000 people affected in this case was not only verified by the evaluation report of the Shanghai Mobile Company, but also supported by the inspection records issued by the public security organs. The number of people sent by Huang Xiang during the crime was also detected from the seized “pseudo-base station” equipment. More than 100 million. However, in accordance with the principle of criminal law humility (maximum penalty effect with the minimum amount of penalty), the case found that 140,000 people were affected by "pseudo-base stations." In view of Hao Lin and Huang Xiang’s confession after the case was filed, the court made a judgment of first instance as appropriate.